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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 07-02-2012, 10:11 AM   #31
acp5762
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Haha, I figured you would respond like that. Thats ok I can take you're lame BS anyday. But heres some real good advice for ya instead of passing by the gym stop in once in awhile.
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Old 07-02-2012, 10:32 AM   #32
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I'm too busy fucking the bodybuilder.
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Old 07-02-2012, 01:27 PM   #33
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Quote:
Originally Posted by ShysterJon View Post
I'm too busy fucking the bodybuilder.
Out Of What?
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Old 07-02-2012, 01:33 PM   #34
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Nah, fucking her. You need to get out of the gym and hang with some girls once in awhile.
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Old 07-02-2012, 03:04 PM   #35
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Believe it or not you can meet some pretty nice girls at a Health Club. But thats far and inbetween. Most of the women I've been meeting lately. I meet when I go grocery shopping. If you can chat it up with a women about Floor Cleaner, you're in like flynn, lol.
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Old 07-02-2012, 03:32 PM   #36
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And we digress from arrest worries to floor cleaner?

I initially did not pay close enough attention to the OP. If we were talking a basic prostitution arrest, I would say after a day or so, it was probably clear sailing. But when you bring trafficking into the picture, or minors, or worse, both, then all bets off. Depending on the case that is being built, and the scope of the dragnet, I could see LE holding off for a long period of time until they could cast the widest net possible.

Think about it - If they can snare a few johns & pimps, looks good on 10 PM news. If they can snare a bunch of johns, maybe some big names in entertainment, sports, or politics, and a bunch of pimps, expand it outside of a small area, nationwide, perhaps international, think about the publicity for the local Leo. They show they are more than just a little Barney Fife with one bullet in their gun, they can bring down the big guys and they have ties with, gasp, the FBI and Homeland Security, maybe even Interpol.

Of course, anytime a conspiracy can be alleged, it just makes better soundbites on the 10 PM news. While on a small level, an individual cop may have some misgivings about letting something ride for a while, letting more victims be hurt, at the more politically savvy levels, a few more victims are just collateral damage to a chance to show off before a camera.

(Sorry if I sounds a little cynical in my suggestions here.)
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Old 07-02-2012, 03:43 PM   #37
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Quote:
Originally Posted by tigercat View Post
And we digress from arrest worries to floor cleaner?

I initially did not pay close enough attention to the OP. If we were talking a basic prostitution arrest, I would say after a day or so, it was probably clear sailing. But when you bring trafficking into the picture, or minors, or worse, both, then all bets off. Depending on the case that is being built, and the scope of the dragnet, I could see LE holding off for a long period of time until they could cast the widest net possible.

Think about it - If they can snare a few johns & pimps, looks good on 10 PM news. If they can snare a bunch of johns, maybe some big names in entertainment, sports, or politics, and a bunch of pimps, expand it outside of a small area, nationwide, perhaps international, think about the publicity for the local Leo. They show they are more than just a little Barney Fife with one bullet in their gun, they can bring down the big guys and they have ties with, gasp, the FBI and Homeland Security, maybe even Interpol.

Of course, anytime a conspiracy can be alleged, it just makes better soundbites on the 10 PM news. While on a small level, an individual cop may have some misgivings about letting something ride for a while, letting more victims be hurt, at the more politically savvy levels, a few more victims are just collateral damage to a chance to show off before a camera.

(Sorry if I sounds a little cynical in my suggestions here.)
Hahaha, yeah can ya believe how a simple post can get sidetracked. But C'mon don't ya think the subject of arrest is boring enough and it gets rehashed over and over.
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Old 07-22-2012, 08:57 AM   #38
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Quote:
Originally Posted by jwhutch9 View Post
"IF” contacted by the police, identify yourself, and give your home address. When lawfully detained, you are required to divulge this information."

I believe you only have to identify yourself when you have been arrested, not upon detention, assuming your in Texas.

This issue has been sticking in my mind. Here’s a bit a legal trivia I’d like to add.

Correct, you don’t have to identify yourself if only detained. However, there is one potential caveat, should the detention evolve into an arrest.

Pre-arrest, pre-Miranda silence is admissible against a non-testifying defendant at trial as evidence of guilt. This means that the prosecutor is free to stand up during his closing arguments and say, “The defendant refused to identify himself because he knew that he was guilty.” It’s a potentially very damaging argument.
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Old 07-22-2012, 08:25 PM   #39
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Since I am not an attorney, I won't attempt to argue any of the points made in previous posts.

However, I do believe that in Texas (and probably many other of the 50 States), any licensed peace officer has the authority not only to stop a person and ask for identification if the officer suspects that someone may reasonably be suspect of a criminal act; but the officer may also ask anyone who is in the vicinity or area where a crime has been reported or in an area in which crimes for his identification as well. Suspect or not.

Law or not, practical application of common sense principles indicates any person asked by a law officer to identify himself should do so and do so truthfully (preferably without hesitation or "feedback."

Any response otherwise, common sense indicates the rest of your morning/afternoon/evening schedule likely will be disrupted.
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Old 07-23-2012, 07:54 AM   #40
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Quote:
Originally Posted by ck1942 View Post
....

However, I do believe that in Texas (and probably many other of the 50 States), any licensed peace officer has the authority not only to stop a person and ask for identification if the officer suspects that someone may reasonably be suspect of a criminal act; but the officer may also ask anyone who is in the vicinity or area where a crime has been reported or in an area in which crimes for his identification as well. Suspect or not.

.
100% true in TX; however, if only "detained," you do not have to identify yourself in TX. Sounds a little crazy, but I don't write the laws. Of course, if the police reasonably suspect that you are involved in criminal activity AND you refuse to identify yourself, all sorts of problematic stuff will probably follow. What sort of stuff? This thread could go on forever talking about that.

I had forgotten this. Ya learn so much here.
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Old 07-23-2012, 08:35 PM   #41
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Quote:
Originally Posted by sky_wire View Post
100% true in TX; however, if only "detained," you do not have to identify yourself in TX. Sounds a little crazy, but I don't write the laws. Of course, if the police reasonably suspect that you are involved in criminal activity AND you refuse to identify yourself, all sorts of problematic stuff will probably follow. What sort of stuff? This thread could go on forever talking about that.

I had forgotten this. Ya learn so much here.
Then the advice should be to show id, full miranda, keep mouth shut and keep demanding lawyer present for questioning. You don't really think that shit about no id would work in a vice sting lol?
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Old 07-24-2012, 11:33 PM   #42
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Quote:
Originally Posted by acp5762 View Post
Believe it or not you can meet some pretty nice girls at a Health Club. But thats far and inbetween. Most of the women I've been meeting lately. I meet when I go grocery shopping. If you can chat it up with a women about Floor Cleaner, you're in like flynn, lol.
This is so true!!
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